Question: Company ABC employed two persons to serve as software developers. They have the option to either serve the company as employees or independent contractors. They

Company ABC employed two persons to serve as software developers. They have the option to
either serve the company as employees or independent contractors. They both approach you
for legal advice.
1.1 Before you can advise them on which contract to choose, explain to them the basic
requirement/elements for a legal contract of employment. (5)
1.2 Explain the differences between a contract of employment and independent contractor.
(10)
1.3 Advise them on which contract will be more beneficial to them. (4)
1.4 If in the future either of them is not satisfied with the contract he has chosen, is there a
possibility of termination of the contract? Explain to them 5 grounds of possible
termination of the contract. (5)
1.5 Your client informed you that she heard something about equity in the workplace.
Explain to her what equity in the workplace entails and the purpose of the Employment
Act in this regard. (4)

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